02-ORD-185 | KOGC

Opinion

Opinion By: A. B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General

Open Records Decision

This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Madison County Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore did not violate the provisions of the Act in the disposition of Kevin Scott Abney's request for a copy of records relating to the Commonwealth of Kentucky's criminal action against him. "In the name of comity," the circuit court clerk nevertheless furnished Mr. Abney with copies of responsive records in her custody. Ex Parte Farley, Ky., 570 S.W.2d 617, 624 (1978). We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling.

A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3) , the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.

Linda Spurlock, ClerkMadison Circuit CourtHall of Justice351 West Main StreetP.O. Box 813Richmond, KY 40475-0813

Sara DentStaff AttorneyAdministrative Office of the Courts100 Millcreek ParkFrankfort, KY 40601

LLM Summary

The Attorney General's decision concludes that the Madison County Circuit Court Clerk is not subject to the Kentucky Open Records Act in relation to the request made by Kevin Scott Abney for records concerning his criminal case. The decision references 98-ORD-006 as controlling precedent, affirming that the clerk's actions were appropriate under the law. Although not required by the Open Records Act, the clerk provided the requested records, demonstrating comity.

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